Sheriff’s Special Reserves Got Quick Approval

Los Angeles County sheriff’s officials were so eager to avoid having to comply with a new state law that triples the amount of training required for reserve law enforcement officers that they rushed Sheriff Lee Baca’s new “executive” recruits through their normal screening process, admitting one reservist who had been convicted of a weapons violation.

Officials said Tuesday they were unaware that reserve deputy Scott Zacky pleaded no contest in 1992 to the misdemeanor charge of brandishing a weapon and was subsequently sentenced to 90 days’ house arrest and prohibited from possessing a dangerous weapon during his two-year probation, according to court records.

After Zacky completed the sentence, his attorney had the conviction expunged, court documents show. Zacky--a member of the family that owns Zacky Farms--has been relieved of duty and is again under investigation for brandishing a gun at a couple outside his Bel-Air house.

He was issued a badge and gun as part of the department’s new reserve program--set up for celebrities, executives, athletes and other notable community members--after just 64 hours of training rather than the 162 hours state law has required since July 1.

According to department sources, the applications were rushed through to beat the new law. Recruits for the new unit--one of Baca’s pet projects--were spared the customary polygraph examination and in some instances were assisted in filling out their applications by deputies who went to their homes to complete the paperwork so the recruits would not be inconvenienced, the sources said.

“It was a sham,” a knowledgeable departmental source said. “It was a rush job with incomplete applications because they were friends of the sheriff or money people. Investigators knew that no matter what . . . everyone had to pass.”

Capt. Doyle Campbell, who is in charge of the department’s reserve program, disputed the allegations. He said he knows of two applicants who were turned away because of criminal backgrounds. Although he acknowledged that the background checks were done in an expedient manner, he said, “That doesn’t mean they were incomplete.”

As for Zacky, Campbell said investigators simply did not find the criminal filing against the executive during their background checks, possibly because the matter was later expunged.

He also said he is uncertain whether the conviction would have had any bearing on the department’s decision to allow Zacky into the program. “It depends on the circumstances,” Campbell said. He added: “It’s not a felony that he was convicted of.”

Zacky’s court records were found by The Times after a routine check of cases involving the 35-year-old business executive. According to a four-page synopsis of the proceedings in the case, Zacky appeared in court with his attorney, David Ogden, in November 1992 to enter a plea of no contest to a charge of brandishing a firearm. The charge stemmed from allegations that Zacky displayed a gun during a traffic dispute with another motorist. In January 1993, Zacky was sentenced. Then in 1995, he had the matter expunged, according to documents provided to The Times by the West Los Angeles Municipal Court.

When contacted at his home, Zacky said he knew nothing of the conviction. “I have never been convicted or pleaded no contest,” Zacky said. “I don’t know anything about this. I’m dumbfounded.”

Ogden declined to talk about the matter other than to say that Zacky “entered a plea to it.”

“I really can’t tell you anything about that,” Ogden said. “It was what it was.”

Zacky is under investigation for an incident in which he allegedly mistook a couple who were out on a date and attempting to fix a window on their car for auto burglars. Witnesses told investigators that Zacky, 35, ran out of his house in his boxer shorts, waved a gun and yelled: “Stop! Police!” authorities said.

The couple drove away in fear and contacted the Los Angeles Police Department, which launched an investigation, police said. Zacky said the incident was nothing more than a misunderstanding. He said one of his neighbors called to tell him that a man wearing gloves and a ski cap appeared to be breaking into cars. He said he armed himself and went to investigate. He said that as he crossed the street, a car came at him--prompting him to point his gun at the vehicle and yell “Stop!” He said he never yelled “police” and he was wearing short pants--not boxer shorts.

So far, no charges have been filed against Zacky, but the city attorney’s office has set a hearing on the matter for next month. Sheriff’s officials said Zacky, who was sworn in to the special reserve unit Aug. 29, has been relieved of duty.

After the LAPD concludes its investigation, Campbell said, sheriff’s officials will conduct their own investigation of the Aug. 31 incident.

Baca proposed the new unit in an effort to get more high-profile members of the community involved in departmental activities.

Campbell said that members of the executive reserve unit were explicitly told not to take police action while off duty.

“There is nothing in their training that gives them police powers off duty or allows them to carry a gun off duty,” Campbell said. “And they have extremely limited police powers on duty. They do not get involved in an arrest situation unless they are accompanied by a regular officer.”